Opinions delivered
March 14, 2007
Download ZIP file containing today's published PDF files.
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JOHN MAUZY PITTMAN, CHIEF JUDGE:
CACR06-573. Willie Wells, III v. State of Arkansas, from Crittenden Circuit. Affirmed. Hart and Bird, JJ., agree. (UNPUBLISHED) [PDF]
CA06-22. Roscoe A. Dykman v. Kathryn D. Dykman, from Garland Circuit. Affirmed. Hart and Bird, JJ., agree. (PUBLISHED) [PDF]
JOSEPHINE LINKER HART, JUDGE:
CACR06-647. Matthew Barnett v. State of Arkansas, from Sebastian Circuit. Affirmed. Pittman, C.J., and Bird, J., agree. (UNPUBLISHED) [PDF]
CA06-744. James Boyster v. Teresa Shoemake, from Sebastian Circuit. Appeal Dismissed. Pittman, C.J., and Bird, J., agree. (UNPUBLISHED) [PDF]
ROBERT J. GLADWIN, JUDGE:
CACR06-671. Linda Diane Nicholson v. State of Arkansas, from Pulaski Circuit. Affirmed. Robbins and Griffen, JJ., agree. (UNPUBLISHED) [PDF]
CA06-805. Melissa Reeves v. Arkansas Department of Health and Human Services, from Pulaski Circuit. Affirmed. Robbins and Griffen, JJ., agree. (UNPUBLISHED) [PDF]
CA06-1072. Darrin Green, M.D., and Fred Gonzales, M.D. v. Epigmenio Nunez, from Sevier Circuit. Affirmed. Robbins, J., agrees. Griffen, J., concurs. (PUBLISHED) [PDF]
JOHN B. ROBBINS, JUDGE:
CA06-290. Bill Loyd and Yvonne Loyd v. Majid Kameli and Rita Kameli, from Pulaski Circuit. Affirmed. Gladwin and Griffen, JJ., agree. (UNPUBLISHED) [PDF]
CA06-924. Trience M. Jacobs v. South Arkansas Development Center and Commerce & Industry Insurance Co., from the Arkansas Workers’ Compensation Commission. Reversed and Remanded on Direct Appeal; Affirmed on Cross-Appeal. Gladwin and Griffen, JJ., agree. (UNPUBLISHED) [PDF]
SAM BIRD, JUDGE:
CACR06-764. Jeffrey Webb v. State of Arkansas, from Hot Spring Circuit. Affirmed. Pittman, C.J., and Hart, J., agree. (UNPUBLISHED) [PDF]
CA06-850. Adirine Valenzuela v. Arkansas Department of Health and Human Services, from Pulaski Circuit. Affirmed. Pittman, C.J., and Hart, J., agree. (UNPUBLISHED) [PDF]
WENDELL L. GRIFFEN, JUDGE:
CACR06-173. Efrain Viveros v. State of Arkansas, from Crawford Circuit. Affirmed. Pittman, C.J., and Vaught, J., agree. (UNPUBLISHED) [PDF]
CA06-874. Lewis Ford Sales, Inc. and Farmers Insurance Group v. Justin Fisher; Three States Supply Co., Inc., and Gallagher Bassett Services, Inc., from the Arkansas Workers’ Compensation Commission. Affirmed. Robbins and Heffley, JJ., agree. (UNPUBLISHED) [PDF]
DAVID M. GLOVER, JUDGE:
CACR06-707. Stephanie Tyler v. State of Arkansas, from Crittenden Circuit. Reversed and Remanded. Marshall and Baker, JJ., agree. (UNPUBLISHED) [PDF]
CACR06-788. Mary Dial Maddox v. State of Arkansas, from White Circuit. Affirmed. Marshall and Baker, JJ., agree. (UNPUBLISHED) [PDF]
D.P. MARSHALL JR., JUDGE:
CACR06-897. Ennis Oliver v. State of Arkansas, from Pulaski Circuit. Affirmed. Glover and Baker, JJ., agree. (UNPUBLISHED) [PDF]
LARRY D. VAUGHT, JUDGE:
CACR05-775. Jimmy D. Bumgardner v. State of Arkansas, from Saline Circuit. Reversed and Remanded. Heffley and Miller, JJ., agree. (PUBLISHED) [PDF]
CA06-543. Russell A. Weaver v. Nabors Drilling USA and F.A. Richards & Associates, Inc., from the Arkansas Workers’ Compensation Commission. Affirmed. Pittman, C.J., and Gladwin, Marshall, and Miller, JJ., agree. Hart, Robbins, Glover, and Baker, JJ., dissent. (PUBLISHED) [PDF]
CA06-911. International Paper Company and Sedgwick CMS v. Jeffery Hunter, from the Arkansas Workers’ Compensation Commission. Affirmed. Gladwin and Miller, JJ., agree. (UNPUBLISHED) [PDF]
SARAH J. HEFFLEY, JUDGE:
CACR06-109. Sean Hicks v. State of Arkansas, from Garland Circuit. Affirmed. Vaught and Miller, JJ., agree. (UNPUBLISHED) [PDF]
CA06-726. Paul Schmidt v. Gary Stearman, from Washington Circuit. Affirmed in Part; Reversed and Remanded in Part. Vaught and Miller, JJ., agree. (PUBLISHED) [PDF]
KAREN R. BAKER, JUDGE:
CACR06-708. Robert McAdory v. State of Arkansas, from Mississippi Circuit. Affirmed. Glover, J., agrees. Marshall, J., concurs. (PUBLISHED) [PDF]
BRIAN S. MILLER, JUDGE:
CACR06-642. Reginald Richardson v. State of Arkansas, from Ouachita Circuit. Affirmed. Vaught and Heffley, JJ., agree. (UNPUBLISHED) [PDF]
CA06-569. Dorothy Collins (Thompson) v. St. Vincent Doctors; St. Vincent Infirmary; et al., from Pulaski Circuit. Substituted Opinion. Affirmed. Vaught and Heffley, JJ., agree. [PUBLISHED] [PDF}
CA06-1293. Andrea McLin v. Arkansas Department of Health & Human Services, from Pope Circuit. Affirmed. Vaught and Heffley, JJ., agree. (UNPUBLISHED) [PDF]
PER CURIAM DECISIONS:
The following cases appealed from the Arkansas Board of Review are affirmed without written opinion pursuant to Supreme Court Rule 5-2(b).
E06-264. Garland Hill v. Director et al.
E06-267. Cedric B. Nash v. Director et al.
E06-268. Jazzama Pegue v. Director et al.
E06-270. Bernadine J. Loving v. Director et al.
E06-271. Pamela Neal v. Director et al.
E06-272. Glen D. Sullivan v. Director et al.
E06-274. Englebert V. Doringer v. Director et al.
E06-275. Sue E. Crain v. Director et al.
E06-277. Virginia L. Burks v. Director et al.
E06-278. Susan A. Green v. Director et al.
E06-279. Glen J. Biviano v. Director et al.
E06-280. Gina Perrusquia v. Director et al.
PER CURIAM ORDERS
REHEARING GRANTED: Petition for Rehearing was granted today in the following case.
CA06-158. Economy Inn & Suites and CCMSI v. Nimisha Jivan (Deceased), from Workers' Compensation Commission. See substituted opinion this date. Glover, Marshall, Vaught, and Baker, JJ., would deny. (PUBLISHED) [PDF]
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REHEARINGS DENIED: Petitions for Rehearing were denied today in the following cases.
CA06-447. Linda K. Walston v. Mena Medical Center et al., from Workers' Compensation Commission.
CA06-525. John Coleman v. Pro Transportation, Inc. et al., from Workers' Compensation Commission. Gladwin and Vaught, JJ., would grant.
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CACR05-600. Steven Sparks v. State of Arkansas, from Washington Circuit. Appellant's pro se motion to proceed on appeal, or for appointment of counsel is denied.
CACR05-600. Steven Sparks v. State of Arkansas, from Washington Circuit. Appellant's motion to file belated brief is granted.
CACR06-719. Lacumba Smith v. State of Arkansas, from Sebastian Circuit, Fort Smith District. Motion of David L. Dunigan for attorney's fees is granted. Allowed $1,400.00.
CACR06-821. Luwalhati Admana Johnson v. State of Arkansas, from Washington Circuit. Appellant’s pro se motions to file belated brief are granted.
CACR06-1253. Carl Edward Willis v. State of Arkansas, from Sebastian Circuit, Fort Smith District. Appellant's pro se motion to stay direct appeal, vacate brief as insufficient and for appointment of new counsel is denied.
CACR07-98. Rodney Lee Mitchael v. State of Arkansas, from Crawford Circuit. Appellant's motion to supplement the record and stay brief time is granted. Supplement due within thirty days (April 13, 2007). Brief due within thirty days thereafter.
CACR07-141. Sheila M. Smith v. State of Arkansas, from Pulaski Circuit, Fifth Division. Motion requesting that present appellate counsel be relieved is granted. Ms. Kathy L. Hall is appointed as counsel for appellant.
CACR07-178. Ramon Dewey Beal v. State of Arkansas, from Crittenden Circuit. Motion of Susan D. Korsnes to be relieved as counsel and for substitution of Bart Zieghorn as counsel for appellant and for brief time is granted.
CA06-251. David Davis v. Arkansas Department of Health and Human Services, from Polk Circuit. Appellee's motion to file belated brief is denied.
CA06-884. Leslie Hunter v. Arkansas Department of Human Services, from Independence Circuit. Motion of Leah Lanford for attorney's fees and expenses is granted. Allowed $1,400.00 in fees and $500.00 in expenses.
CA06-894. Raul Tinjero v. Arkansas Department of Human Services, from Drew Circuit. Motion of James A. Hamilton for attorney's fees and expenses is granted. Allowed $1,400.00 in fees and $500.00 in expenses.
CA06-992. Onesimo Samaripas v. Arkansas Department of Human Services, from Pulaski Circuit, Eleventh Division. Motion of Ralph A. Downs for attorney's fees and expenses is granted. Allowed $1,400.00 in fees and $70.72 in expenses.
CA06-1104. Keith McFarland v. EZ Loader Boat Trailer et al., from Workers' Compensation Commission. Appellee's motion to file enlarged brief is denied. Brief due within thirty days (April 13, 2007).
CA06-1251. Glenn Davidson v. Rhonda Summers, from Pulaski Circuit, First Division. Appellant's pro se motion for production of records. Moot. Glover and Vaught, JJ., not participating.
CA07-36. Florine McDonald et al. v. Randel Wayne Brown et al., from Jefferson Circuit. Appellees' motion to dismiss appeal is granted. Glover, Marshall, and Heffley, JJ., not participating.
E07-44. Harold E. Wilson v. Director et al., from Board of Review. Appellant’s pro se motion to file belated petition for review is denied. Marshall, J., not participating.
The following cases were dismissed for failure to file briefs in accordance with Arkansas Supreme Court Rule 4-5:
CA06-402. James Hinchey v. Shane Lasater, from Faulkner Circuit.
CA06-457. Jimmy D. Carter v. Unifund CCR Partners et al., from Faulkner Circuit.
MOTIONS SUBMITTED
PETITIONS FOR REHEARING
CA05-1090. Patricia Suzanne Mathews v. John Steven Mathews, from Faulkner Circuit.
CA06-264. Deck House, Inc. v. Scott Link et al., from Carroll Circuit, Western District.
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CACR06-170. Johnny Craig v. State of Arkansas, from Jefferson Circuit. Motion of Patrick J. Benca for attorney's fees and expenses.
CACR06-568. Aaron Douglas v. State of Arkansas, from Lonoke Circuit. Motion of Charles D. Hancock for attorney's fees.
CACR06-720. Deanna Wright v. State of Arkansas, from Scott Circuit. Motion of Kent Walker for attorney's fees.
CACR06-720. Deanna Wright v. State of Arkansas, from Scott Circuit. Motion of Kent Walker to withdraw as counsel for appellant.
CACR06-840. Maxley Damen Parker v. State of Arkansas, from Drew Circuit. Motion of Joseph P. Mazzanti III for attorney's fees and expenses.
CACR06-873. Corey Poe v. State of Arkansas, from Carroll Circuit, Eastern District. Appellant’s motion to supplement the record.
CACR06-966. Leon Harden v. State of Arkansas, from Drew Circuit. Motion of Craig Lambert to be substituted as counsel for appellant.
CACR06-1421. Sylvester Jackson v. State of Arkansas, from Lonoke Circuit. Appellant’s motion to supplement the record and to stay brief time.
CACR06-1465. Kenneth Thomas v. State of Arkansas, from Pulaski Circuit, Fourth Division. Appellant’s motion to supplement the record.
CA05-744. Deann Latiolais v. Arkansas Department of Human Services, from Faulkner Circuit. Motion of Jennifer Oyler Olson to be substituted as attorney ad litem.
CA06-817. Glen Osborne v. Arkansas Department of Human Services, from Benton Circuit. Motion of Leah Lanford for attorney's fees and expenses.
CA06-1066. Edmond Torelli v. Naga Goriparthi et al., from Pulaski Circuit, Seventeenth Division. Appellee's motion to supplement the record.
CA06-1081. Kelly Flannery v. Arkansas Department of Health and Human Services, from Greene Circuit. Appellant’s motion requesting court to take judicial notice of omission from record.
CA06-1128. Mandy Bolin v. Arkansas Department of Health and Human Services, from Sebastian Circuit, Fort Smith District. Motion of Linda C. Ward for attorney's fees and expenses.
CA06-1169. Glenn Mechanical, Inc. v. Lucy Gibney, from Union Circuit. Appellee's motion to file belated brief and for brief time.
CA06-1170. Avram Cimmering et al. v. Maria Perez et al., from Union Circuit. Appellants’ motion for additional time to file brief.
CA06-1260. Sondra Roberts et al. v. Grant Butler, from Arkansas Circuit, Southern District. Appellee's motion to file belated brief and for brief time.
CA06-1308. Moon Distributors, Inc. et al. v. Arkansas Department of Finance and Administration et al., from Pulaski Circuit, Third Division. Appellants' status report and motion for extension of time to file brief.
CA06-1324. MBNA America Bank, N.A. v. Jack G. Gilbert, from Crawford Circuit. Appellee’s motion for belated brief and for brief time.
CA06-1356. James Roy Henson v. General Electric et al., from Workers' Compensation Commission. Second Injury Fund's motion to strike brief of appellee General Electric.
CA06-1380. Tonya Nelms Dees et al. v. Dr. Kenneth Martin et al., from Drew Circuit. Appellants' motion for oral argument.
CA06-1409. Gloria M. Follett v. Joseph Fitzsimmons et al., from Carroll Circuit, Western District. Appellant's petition for writ of certiorari to complete the record and for extension of brief time.
CA07-22. Elizabeth Shipp v. Justin Franklin et al., from Grant Circuit. Appellant's motion to supplement the record.
CA07-22. Elizabeth Shipp v. Justin Franklin et al., from Grant Circuit. Appellant's motion to supplement brief.
CA07-119. Patrick J. Booth et al. v. Riverside Marine Remanufacturers, Inc., from Pulaski Circuit, Sixth Division. Appellants' motion to supplement the record.
SUBMISSIONS
CA06-762. State Street Bank and Trust Company v. Simmons First Bank of Jonesboro, from Craighead Circuit, Western District. Argued orally.
CACR05-989. Christopher Branning v. State of Arkansas, from Boone Circuit.
CACR06-359. Tania Leeann Nesler v. State of Arkansas, from Lonoke Circuit.
CACR06-702. Billy Allred v. State of Arkansas, from Saline Circuit.
CACR06-713. Bobby Morgan v. State of Arkansas, from Greene Circuit.
CACR06-775. Michael Lee Johnson v. State of Arkansas, from Miller Circuit.
CACR06-812. Anthony T. Harris v. State of Arkansas, from Mississippi Circuit, Osceola District.
CACR06-936. Steven Ralph Teater v. State of Arkansas, from Ouachita Circuit.
CACR06-1106. Timothy Patrick Wright v. State of Arkansas, from Pulaski Circuit, Fourth Division.
CA06-309. Delores Hales v. Arkansas Department of Human Services, from Little River Circuit.
CA06-382. Public Employee Claims Division and Arkansas Highway and Transportation Department v. John H. Keys, from Workers' Compensation Commission.
CA06-560. Paul Ray Williams and Donna Anita Williams v. Jeffrey M. Hertzog, from Lonoke Circuit.
CA06-680. J. Somers Matthews v. Katherine Matthews, from Pulaski Circuit, Seventeenth Division.
CA06-703. Paul Woodard v. Muriel Hasley, from Clark Circuit.
CA06-721. First Arkansas Bail Bonds, Inc. v. State of Arkansas, from Pulaski Circuit, First Division.
CA06-782. Ollie Cox v. Cedar Creek, from Workers' Compensation Commission.
CA06-851. Ruby J. Yeakley v. Robert E. Doss, from Benton Circuit.
CA06-862. Deloris Ann Lenz v. Arkansas Department of Health and Human Services, from Cleburne Circuit.
CA06-875. SSI, Inc. et al. v. Earnest Dale Lohman, from Workers' Compensation Commission.
CA06-1019. Pam Olivas v. Arkansas Department of Human Services, from Cleburne Circuit.
CA06-1059. Raymond Vancleave v. Arkansas Department of Health and Human Services, from Washington Circuit.
CA06-1077. Estate of Jerry Slaughter v. City of Hampton, from Workers' Compensation Commission.
CA06-1300. Valdez Davis v. Arkansas Department of Health and Human Services, from Benton Circuit.
CA06-1434. Sheila Lane v. Arkansas Department of Health and Human Services, from Pulaski Circuit, Eleventh Division.